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(영문) 서울중앙지방법원 2016.10.25 2015가단5391478
손해배상(기)
Text

1. Defendant A Co., Ltd. shall pay to the Plaintiff KRW 92,568,050 as well as to the Plaintiff from October 21, 2015 to July 11, 2016.

Reasons

1. Facts of recognition;

A. On November 24, 2014, Defendant 1 and 2’s subcontract for the construction of the military base facilities (hereinafter “Cheongyang-gun Corporation”) contracted for construction of the military base facilities in the land-based BTL project by Defendant 1 and 2 (hereinafter “Cheongyang-gun Corporation”).

On January 5, 2015, Defendant B entered into a contract with Defendant A Co., Ltd. (hereinafter referred to as “A”) under which the construction of reinforced concrete structures in the barracks, E, and H zones (hereinafter referred to as “instant construction”) was the construction cost of KRW 3.55 billion and the construction period of KRW 50 million from January 5, 2015 to July 31, 2015 to subcontract to Defendant A (hereinafter referred to as “instant subcontract for construction”).

(B) No. 1 (B).

On January 10, 2015, the Plaintiff and Defendant A entered into a lease agreement with the contractor D and joint guarantor C on the temporary re-lease necessary for the instant construction project (hereinafter collectively referred to as “temporary re-lease in this case by adding all temporary materials supplied by the Plaintiff to the construction site of this case”) by making the contractor D and joint guarantor C.

(A) No. 3-3) The Plaintiff terminated the above contract on March 12, 2015 and entered into a lease agreement on temporary materials of this case (hereinafter “instant lease agreement”) with Defendant A with the same content as the contract date retroactively on January 10, 2015.

(A) According to the instant lease agreement, the Defendant A shall keep the temporary materials of this case as a good manager’s duty of care from the date of acquisition to the time of returning them (Article 1(2)). The damages calculated according to the “unit price of destruction”, which was agreed in advance, if it is impossible to repair the temporary materials of this case in its original form, such as plucking, cutting, cutting, and the central part of the wastes, or if it is impossible to return them due to destruction, theft, etc.

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